Tom Benson v. State

ACCEPTED 03-15-00121-CR 5050942 THIRD COURT OF APPEALS AUSTIN, TEXAS 4/27/2015 4:10:53 PM JEFFREY D. KYLE CLERK NO. 03-15-00121-CR FILED IN 3rd COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS THIRD DISTRICT OF TEXAS 4/27/2015 4:10:53 PM AT AUSTIN, TEXAS JEFFREY D. KYLE Clerk TOM BENSON Appellant, vs. THE STATE OF TEXAS, Appellee. APPELLANT'S UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS: Appellant, Tom Benson asks this Court to grant an extension of time to file his brief. Introduction I. Appellant is Tom Benson; appellee is The State of Texas. 2. There is no specific deadline to file this motion to extend time. See Tex. R. App. P. 38.6(d). APPELLANT'S UNOPPOSED MOTION TO MOTION TO EXTEND TIME TO FILE BRIEF AND ORDER CLERK TO SHOW CAUSE WHY SUPPLEMENTAL CLERK'S RECORD NOT FILED AS ORDERED PAGE I OF 4 Argument & Authorities 3. The Court has the authority under Texas Rule of Appellate Procedure 38.6(d) to extend the time to file a brief. 4. Appellant's brief is due on April 27, 2015. 5. Appellant requests the Court to extend the date his brief is due until May 5, 2015. 6. No extension has been granted to extend the time to file Appellant's brief. 7. Appellant needs additional time to file his brief because some technical difficulties have arisen with the preparation of the brief in the manner the rules now reqmre. Conclusion 8. The appellant needs and requests an extension until May 5, 2015 to file his brief and the State of Texas does not opposed the request. Prayer 9. For these reasons, Appellant asks the Court to grant an extension of time to file his brief until May 5, 2015. APPELLANT'S UNOPPOSED MOTION TO MOTION TO EXTEND TIME TO FILE BRIEF AND ORDER CLERK TO SHOW CAUSE WHY SUPPLEMENTAL CLERK'S RECORD NOT FILED AS ORDERED PAGE 2 OF 4 Respectfully submitted, Isl Tom Benson ------------- Tom Benson, Prose 900 Jackson Street, Suite 750 Dallas, Texas 75202-4461 Texas Bar I.D. 02170500 (214) 742-9898 tomrbenson@gmail.com Certificate of Conference I certify that on April 27, 2015, my office communicated by email with Mr. Tim Labadie, Assistant Travis County Attorney to tim.labadie@traviscountytx.gov , Attorney for Appellee The State of Texas who stated that he is unopposed to the relief requested in the foregoing motion. Isl Tom Benson Tom Benson APPELLANT'S UNOPPOSED MOTION TO MOTION TO EXTEND TIME TO FILE BRIEF AND ORDER CLERK TO SHOW CAUSE WHY SUPPLEMENTAL CLERK'S RECORD NOT FILED AS ORDERED PAGE 3 OF 4 CERTIFICATE OF SERVICE I certify that I have on this 27th day of April, 2015, before 5:00 P.M., caused a true and correct copy of the foregoing Appellant's UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF to Mr. Tim Labadie, Assistant Travis County Attorney by email to tim.labadie@traviscountytx.gov. Isl Tom Benson Tom Benson APPELLANT'S UNOPPOSED MOTION TO MOTION TO EXTEND TIME TO FILE BRJEF AND ORDER CLERK TO SHOW CAUSE WHY SUPPLEMENTAL CLERK'S RECORD NOT FILED AS ORDERED PAGE 4 OF 4